No Indictment of Cop Who Killed Man And Then Fled the Scene

A Manhattan grand jury elected not to file criminal charges against a Police Officer who killed a man in what he said was self-defense and then fled the scene of the shooting, according to Manhattan District Attorney Robert M. Morgenthau.

ROBERT MORGENTHAU: Make leaving scene a crime.

The grand jury heard testimony from 16 police, medical and civilian witnesses regarding the shooting death of Jayson Tirado last October. Mr. Morgenthau said leaving the scene of a shooting is not a crime, according to the New York State Penal Law. "I'm sure that most people would be shocked to learn that it is not a crime for a police officer to leave the scene of the shooting without reporting it as soon as practicable," Mr. Morgenthau said. "I share their outrage. But, that is the law."

Mr. Morgenthau said his office would be submitting legislation to change the penal law.

Mr. Sawyer, assigned to the NYPD's Queens Narcotics Bureau, still faces departmental charges over the incident that will now proceed. "As in other cases where the NYPD has waited until a grand jury has acted, the officer's actions will now be the subject of an administrative review," said Paul J. Browne, the chief spokesman for the NYPD.

He still may have violated the NYPD's Patrol Guide, which requires officers to report shootings in which they were involved and remain at the scene. Mr. Sawyer faces sanctions ranging from suspension to dismissal from the NYPD.

The Patrolman's Benevolent Association has remained silent on this case, and spokesman Al O'Leary said it would not comment on the recent developments.

Police Officer Sawyer was driving home while off duty from Woodside, Queens the morning of Oct. 21 when he exchanged angry words with Mr. Tirado. According to Mr. Sawyer, Mr. Tirado started the argument by swearing at the officer and threatening to knock him out. A passenger in Mr. Tirado's car said Mr. Sawyer started the argument.

Mr. Sawyer drove away, but Mr. Tirado followed down a Manhattan street. On First Ave. near East 117th St., Mr. Tirado pulled his purple Honda Civic in line with Mr. Sawyer's yellow Nissan Xterra. He reached down toward the floor of the car, and said, "Want to see my new Ruger?" according to the Manhattan DA. Mr. Tirado then pulled up his arm and extended it as if he held a gun.

Cop Perceived Threat and Fired

Police Officer Sawyer, who was carrying his licensed off-duty firearm, fired two shots towards the car as Mr. Tirado's arm came up. A bullet hit Mr. Tirado in the right shoulder blade, but he was able to drive the car away from Mr. Sawyer. He drove about three blocks before slumping over. A friend tried unsuccessfully to give him CPR. Mr. Tirado was pronounced dead at Harlem Hospital around 6 a.m.

Mr. Sawyer left the scene of the shooting for his apartment on the West Side of Manhattan. In the early morning of Oct. 22, he learned of Mr. Tirado's death by watching the news. Nearly 19 hours after the shooting, he walked outside to hail a cab to the nearest precinct to report the shooting, said the Manhattan DA. Instead, he flagged down a Sergeant in a patrol car nearby and surrendered his weapon.